Trail Smelter Arbitration (United States v. Canada)

Special Arbitral Tribunal
3 U.N. Rep. Int’l Arb. Awards 1905 (1941)


Facts

From 1925 to 1937, a corporation of Canada (defendant) owned a smelter plant which emitted noxious fumes that caused damage in Washington State in the United States (plaintiff). The United States sought injunctive and declaratory relief, as well as damages for air pollution from Canada based on the fumes. A Special Arbitral Tribunal (Tribunal) considered the case.

Rule of Law

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Issue

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Holding and Reasoning

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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